Administrative Rules


Subject: Legal Services:  Management of Subpoenas and Lawsuits AR# 3.03.010
Based on Board Policy: C-3, Duties and Responsibilities, College President
Recommended by Council/President: Administrative Services Council
Date Approved/Amended: 02/16/2005

 

Purpose

The College will respond in a timely manner to a subpoena issued by a government agency or official or in response to any lawsuit after administrative and/or legal review. 

 

Responsibilities

The Associate Vice President, Office of Human Resources is responsible for receiving and responding to any subpoena that requests College documents or records regarding an employee.  The Office of Human Resources may consult with the College’s legal counsel, as needed.

 

The Director of Admissions is responsible for receiving and responding to any subpoena that requests College documents or records regarding a student. 

 

If an employee receives a subpoena to appear on behalf of the college, the employee shall contact the Associate Vice President of Human Resources for consultation and assistance.

 

Records shall be maintained in confidence in accordance with ACC’s policies and procedures and state and federal regulations and laws (e.g., medical information, ADA, FMLA, workers’ compensation).  When an employee or student record is subpoenaed, the appropriate record custodian shall immediately notify the employee or student.

 

Notice of any lawsuit in which the College or the ACC Board of Trustees is a named party, shall be forwarded to the President’s Office.  The President’s Office may consult with the College’s legal counsel, as needed.

 

If an employee acts within the scope of their employment and receives notice of a lawsuit in which they are a party and the lawsuit relates to the employee’s actions in the scope of employment, the employee should immediately consult with the Associate Vice President of Human Resources.

 

The Chief of Police is responsible for receiving and responding to any subpoena that is directed to the ACC Police Department.  A copy of the subpoena and materials/documents to be submitted must be reviewed by the Associate Vice President, Office of Human Resources, prior to being submitted in response to the subpoena.  The College’s legal counsel may be consulted as needed.

 

 


President:   Stephen B. Kinslow Date:   10/17/2005